Todd Wallack v. Massachusetts Board of Registration in Medicine (SPR 20160895)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of Records October 25, 2016 SPR16/895 Robert E. Harvey, Esq. Board Counsel Board of Registration of Medicine 200 Harvard Mill Square, Suite 330 Wakefield, MA 01880 Dear Attorney Harvey: I have received the petition of Todd Wallack of The Boston Globe appealing the response of the Board of Registration of Medicine (Board) to a request for public records. G. L. c. 66 § lO(b); see also 950 C.M.R. 32.08(2). Specifically, Mr. Wallack requested a copy of "the Board's electronic database of physicians in Massachusetts (including disciplinary information)." Mr. Wallack requested the records be provided via email, CD-ROM or alternate method. Previous appeals and determinations This request was the subject of previous appeals. See SPR16/159 Determination of the Supervisor of Records (March 11, 2016); SPR16/214 Determination of the Supervisor of Records (April 8, 2016); SPR16/341 Determination of the Supervisor of Records (June 16, 2016); SPR16/672 Determination of the Supervisor of Records (September 16, 2016). In my September 16 determination, I found the Board failed to meet its burden to justify its fee estimate for the provision of records. I closed the appeal with the proviso that the Board provide Mr. Wallack a supplemental response to the request and the Board did so in a letter dated September 30, 2016. Mr. Wallack again appealed and this appeal was opened (SPR16/895). Current appeal Mr. Wallack received a copy of your September 30 letter and appealed, again questioning the hourly rate of Board staff to provide responsive records. I understand an attorney on my staff contacted Board Executive Director George Zachos, who agreed to review the matter in an effort to resolve this issue. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Robert E. Harvey, Esq. SPR16/895 Page2 · october25,··2016 Accordingly, I will consider this appeal closed with the proviso that the Board provide Mr. Wallack with a revised, detailed, written, good faith estimate for the cost of complying with his request without delay. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this offi eat pre@sec.state.ma.us. cc: Mr. Todd Wallack Mr. George Zachos